City Council

Mayor Chris Canning Vice Mayor Irais Lopez-Ortega Councilmember Lisa M. Gift Councilmember Gary Kraus Councilmember Donald Williams AGENDA City Council - Regular Meeting Tuesday, January 5, 2021 - 6:00 PM Virtual * COVID-19 NOTICE * The City of Calistoga is committed to public participation in City government in a manner that is consistent with guidance and Health Orders issued by the Napa County Public Health Officer and the Governor’s Executive Orders N-29-20 and N-25-20, which suspend certain requirements of the Brown Act. This Meeting is necessary so that the City can conduct necessary business and is permitted under the Napa County Health Order No. 20-06 as an Essential Governmental Function. Consistent with the above-referenced Orders, this meeting will not be physically open to the public. City Councilmembers and staff will be video/teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting from home. Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered. Please participate in the meeting by observing or listening to the meeting in one of the following ways: 1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box) 2. Listen on your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201 3. Watch online via Zoom at https://us02web.zoom.us/j/82907295419?pwd=Qkh2d05YV25wVXdhbkU5dVY1QmlFQT09 enter password: 123201 4. Watch online via YouTube Live at youtube.com/cityofcalistoga!?ABCpdf?!0 Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to publiccomment@ci.calistoga.ca.us. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after the commencement of the meeting and before the agenda item is heard will be read aloud for a maximum of three minutes, or as determined by the Chair. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read aloud. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed. You may check on the status of the meeting by visiting the City website at www.ci.calistoga.ca.us for any updates. Page 1 of 31 A. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG B. ADOPTION OF MEETING AGENDA C. CITY MANAGER’S REPORT D. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council. E. PROCLAMATIONS/PRESENTATIONS/ AWARDS 1. Mayor Canning will administer the Oath of Office to newly hired City Clerk, Marni Rittburg. 2. Proclamation Recognizing the 100th Birthday of Gena Quast founder of the Roman Spa and Resort. F. CONSENT CALENDAR 3. Consideration of the minutes of the December 15, 2020 City Council 5 - 11 Regular Meeting Recommended Action: Approve minutes Staff Report and Minutes 4. Consideration of a Resolution finding that the Developer of the Calistoga 13 - 17 Hills Project is in good faith compliance with the terms and conditions of the project's development agreement. Recommended Action: Adopt Resolution Staff Report and Attachments G. GENERAL GOVERNMENT 5. Receive COVID-19 update and provide direction to staff 19 - 20 Recommended Action: Provide direction to Staff Staff Report 6. Receive Update on Logvy Park Play Area Improvements 21 - 23 Recommended Action: Provide direction to staff. Staff Report Update on Logvy Park Play Area Improvements 7. Consideration of a Resolution determining that the Maintenance of Effort 25 - 28 was met for Fiscal Year 2019/20 under the Measure T Program. Recommended Action: Adopt Resolution Staff Report and Attachment Page 2 of 31  8. Consideration of a Resolution confirming Councilmember Appointments 29 - 31 to various Committees Recommended Action: Discuss, confirm appointments, and adopt Resolution. Staff Report Councilmember Appointments to Various Committees H. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION I. ADJOURNMENT NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision. Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us. AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at mrittburg@ci.calistoga.ca.us or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week. POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, on December 30, 2020. _____________________________ Marni Rittburg, CMC, City Clerk Page 3 of 31 Page 4 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Hilary Gaede, Human Resource/Finance Specialist DATE: January 5, 2021 SUBJECT: Approving Minutes of the December 15, 2020, Regular City Council Meeting Approved by Michael Kirn, City Manager DESCRIPTION: Approving Minutes of the December 15, 2020, Regular City Council Meeting RECOMMENDATION: Approve the minutes ATTACHMENTS: December 15, 2020 Regular City Council Meeting Minutes Page 5 of 31  MINUTES CALISTOGA CITY COUNCIL REGULAR MEETING Tuesday, December 15, 2020 - 6:00 P.M. Community Center Hybrid Virtual Meeting A) CALL TO ORDER – ROLL CALL – SALUTE TO THE FLAG Mayor Canning, called the regular session to order at 6:19 p.m. Present: Councilmembers Donald Williams, Irais Lopez-Ortega. and Gary Kraus; Vice Mayor Michael Dunsford and Mayor Chris Canning. Absent: None B) ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Mayor Canning opened the Oral Communication period. Receiving no public comment, Mayor Canning closed Oral Communication period. C) ADOPTION OF MEETING AGENDA It was MOVED by Vice Mayor Dunsford and SECONDED by Councilmember Kraus to adopt the meeting agenda as presented. The motion carried by the following vote: AYES: Councilmembers Williams, Lopez-Ortega, and Kraus, Vice Mayor Dunsford and Mayor Canning NOES: None ABSTAIN: None ABSENT: None D) CITY MANAGER’S REPORT City Manager Kirn provided updates on the COVID-19 response, wildfire response, Public Safety Power Shutoffs (PSPS) progress, public projects. City Manager Kirn noted that over the last 24 hours COVID-19 cases increased by 136 throughout Napa County and 17 in Calistoga. Residents are urged to take extra precautions. The Chamber of Commerce encouraged businesses to participate in a window decorating contest with the Calistoga Wine Shop being the first-place winner. City Manager Kirn recognized the following employees for their service: Yudi Galvan- Community Service Office, 5 years Luis Paniagua – Police Officer, 5 years Derek Rayner – Public Works Director,10 years Rick Kane – Senior Maintenance Technician, 15 years Griselda Loza – Dispatcher, 15 years Page 2 of 7 Page 6 of 31 Calistoga City Council Minutes December 15, 2020 Page 2 of 6 Timothy Martin- Police Sergeant, 25 years E) PROCLAMATIONS/PRESENTATIONS/AWARDS 1. Proclamation Honoring Paul Coates, Planning Commission Chair 2. Proclamation Honoring Michael Dunsford, Vice Mayor Vice Mayor Dunsford thanked the Council and the Community for their support and encouraged everyone to work together to continue to make Calistoga a strong community for business and families F) CONSENT CALENDAR 3. Consideration of approval of the minutes of the December 15, 2020 City Council Regular Meeting, as submitted. It was MOVED by Councilmember Kraus and SECONDED by Councilmember Williams to approve Consent Calendar Item No. 3. The motion carried by the following vote: AYES: Councilmembers Williams, Lopez-Ortega, Kraus, and Vice Mayor Dunsford and Mayor Canning NOES: None ABSTAIN: None ABSENT: None 4. Councilmember Williams requested Item No. 4 be clarified in terms of the duration of the Resolution. He was assured by City Manager Kirn that the Resolution can be rescinded at the recommendation of Council to restore regular parking. It was MOVED by Councilmember Williams and SECONDED by Councilmember Kraus to approve Item # 4 through Resolution 2020-092 establishing limited parking on Wappo at Brannan Cottages. The motion carried by the following vote: AYES: Councilmembers Williams, Lopez-Ortega, Kraus, and Vice Mayor Dunsford and Mayor Canning NOES: None ABSTAIN: None ABSENT: None G) GENERAL GOVERNMENT 5. Consideration of Resolution declaring the results of the 2020 General Municipal Election held in Calistoga Page 3 of 7 Page 7 of 31 Calistoga City Council Minutes December 15, 2020 Page 3 of 6 Recommended Action: Adopt resolution Napa County Registrar of Voters John Tuteur declared the certified results of the election. Councilmember Lopez-Ortega was re-elected, Mayor Canning was re-elected, and Lisa Gift was newly elected as Councilmember. Mayor Canning opened the public comment period. Receiving no public comment, Mayor Canning closed the public comment period. It was MOVED by Vice Mayor Dunsford and SECONDED by Councilmember Williams to approve Resolution 2020-093 accepting the results of the 2020 General Municipal Election. The motion carried by the following vote: AYES: Councilmembers Williams, Lopez-Ortega, and Kraus, Vice Mayor Dunsford and Mayor Canning NOES: None ABSTAIN: None ABSENT: None 6. Swearing-in of Newly Elected Mayor and City Councilmembers Councilmembers Lopez-Ortega and Gift as well as Mayor Canning were sworn in by Deputy City Clerk Hilary Gaede. 7. Received and accepted report on First Quarter FY 2020/21 Transit Occupancy Tax Receipts Administrative Services Director Gloria Leon presented a PowerPoint presentation. The City had anticipated a significant drop in Transit Occupancy Tax (TOT) revenues. However, throughout the months, actual revenue superseded projected and adopted amounts. Employee Bargaining Groups made financial concessions based on the anticipated decreased revenue with a matrix in place to reinstate if certain thresholds were met:  $500,000 increase = 3% Cost of Living Adjustment (COLA) restored  $1,000,000 increase = Step Increases restored  $1,500,000 increase = Furlough Eliminated TOT had increased by $1M over projections through the first quarter of Fiscal Year of 2020-21. Based on the increased revenues, effective January 1, 20201 employees’ step increases, and the COLA will be restored. Councilmember Williams questioned to permanency of the reinstatements and asked what will happen if the revenues decrease significantly due to external circumstances. City Manager Kirn noted that Bargaining Groups would again confer to find resolution. Page 4 of 7 Page 8 of 31 Calistoga City Council Minutes December 15, 2020 Page 4 of 6 Mayor Canning opened the public comment period. Receiving no public comment, Mayor Canning closed the public comment period. Council accepted the report as is and Mayor Canning thanked Director Leon for the information. 8. Consideration of Resolution making appointments to ATAC and NVTA ATAC Mayor Canning recommended Ivan Miller and Edward Kozel for the ATAC committee. Mayor Canning recommended Spiro Makras for the NVTA ATAC committee. Mayor Canning opened the public comment period. Receiving no public comment, Mayor Canning closed the public comment period. It was MOVED by Councilmember Williams and SECONDED by Councilmember Lopez-Ortega to approve Resolution 2020-094 recommending Ivan Miller and Edward to ATAC and Spiro Makras to NVTA ATAC committees. The motion carried by the following vote: AYES: Councilmembers Gift, Williams, Lopez-Ortega, Kraus, and Mayor Canning NOES: None ABSTAIN: None ABSENT: None 9. Consideration of Resolution making appointments to the Planning Commission City Manager Kirn stated the City received four applications for the two available appointments. Mayor Canning reviewed the applicants and appreciated their desire to serve the community. Mayor Canning re-appointed Scott Cooper and recommended John “Jack” Berquist. Councilmember Williams noted his support for Mayor Canning’s decision. Mayor Canning concluded by expressing his appreciation for those who wish to serve the community. Mayor Canning opened the public comment period. Mayor Canning read into the record public comment from Lana Richardson, Planning Commission applicant, stated she appreciated the consideration and although not selected, she supports the recommendation. Lana requested that she be considered for any newly created committees and commissions, particularly those dealing with affordable housing development. No additional public comment was received. Mayor Canning closed the public comment period. Page 5 of 7 Page 9 of 31 Calistoga City Council Minutes December 15, 2020 Page 5 of 6 Councilmember Lopez-Ortega thanked the public for their participation in the governance process. It was MOVED by Councilmember Kraus and SECONDED by Councilmember Lopez-Ortega to approve Resolution 2020-095 recommending appointments to the Planning Commission. The motion carried by the following vote: AYES: Councilmembers Gift, Williams, Lopez-Ortega, Kraus, and Mayor Canning NOES: None ABSTAIN: None ABSENT: None 10. Consideration of a Resolution to selecting a Councilmember to serve as Vice Mayor For the purpose of continuity of government between now and January 2021, Mayor Canning recommended Councilmember Lopez-Ortega to be Vice Mayor as she represents the essence of the community and has been instrumental as a councilmember. Vice Mayor Lopez-Ortega accepted the nomination with gratitude. It was MOVED by Mayor Canning and SECONDED by Councilmember Gift to approve Resolution 2020-096 recommending a Vice Mayor. The motion carried by the following vote: AYES: Councilmembers Gift, Williams, Kraus, Vice Mayor Lopez- Ortega and Mayor Canning NOES: None ABSTAIN: None ABSENT: None H) COUNCIL REQUESTS AND IDEAS FOR DISCUSSION Councilmembers Gift and Williams noted they have no requests at the time. Councilmember Kraus welcomed Councilmember Gift. Vice Mayor Lopez-Ortega would like to see if the City can work in collaboration with the School District and Boys and Girls Club to create a formal after-school program for the youth in Calistoga. Additionally, Vice Mayor Lopez-Ortega would like a report from Adelante and the progress of Logvy Park. Page 6 of 7 Page 10 of 31 Calistoga City Council Minutes December 15, 2020 Page 6 of 6 Mayor Canning concluded by reminding the public to be mindful of social distancing and to be safe as they choose to celebrate. I) ADJOURNMENT Mayor Canning adjourned the meeting, at 7:40 p.m. Respectfully Submitted Prepared by: Approved by: Hilary Gaede, Deputy City Clerk Chris Canning, Mayor Approved: Page 7 of 7 Page 11 of 31 Page 12 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Zach Tusinger, Planning & Building Director DATE: January 5, 2021 SUBJECT: Annual Review of Development Agreement for Calistoga Hills Project Approved by Michael Kirn, City Manager SUMMARY: Consideration of the annual report on the development agreement for the Calistoga Hills project. RECOMMENDATION: Consider approving the attached resolution finding that that the Developer is in good faith compliance with the terms and conditions of the Calistoga Hills development agreement. BACKGROUND: The City of Calistoga entered into a development agreement with Enchanted Resorts, Inc., on April 9, 2013 (Ordinance No. 687), with an effective date of March 29, 2013. The initial term of the Agreement was five years, and the City Manager has granted four one-year term extensions, as allowed by the Agreement. Its current expiration date is March 29, 2022. The Agreement provided the developer with certain assurances that they could proceed with a development project (now known as “Calistoga Hills”) that includes a resort hotel consisting of up to 110 keys, 20 residence club homes, 13 custom homes, amenities and infrastructure. It also requires the developer to make certain improvements, such as the installation of the Washington Street main wastewater trunk line, Pine Street Lift Station upgrades and public safety water line improvements, which have been completed. Another requirement is the payment of development impact fees, $1.2 million of which were paid by the developer in 2013. Page 13 of 31 The Agreement provides that the City review the Developer's good faith compliance with the Agreement on an annual basis and that the Developer work with the City in good faith in connection with any such review. The Developer has completed an Annual Compliance Evaluation Form that provides evidence of its good faith compliance with its obligations under the Agreement (Attachment 2). During 2020, the Developer primarily continued the ongoing construction of the project’s infrastructure including the roadway system, water tanks, and emergency vehicle access. The Developer indicated that the ongoing pandemic significantly slowed progress down in 2020. In addition, the recent fires have also resulted in slower progress than desired. The Developer has also certified that there are no facts or circumstances that may be construed as a default by the Developer. DISCUSSION: As required in the Agreement and by Government Code Section 65865.1, the City Council must determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement up to and including the date of the review. Based on the information contained in the submitted Annual Compliance Evaluation Form and the project status described above, this finding can be made. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: The project will further the Council’s goal of maintaining and enhancing the economic vitality of the community and the financial stability of the City (FY 2020-21 Goal 1) and its related objective of managing key private development projects to maintain economic vitality in balance with the needs of the community (Objective 1). The City’s economy will benefit from the eventual completion of the project by its promotion of tourism and payment of transient occupancy and property taxes. ALTERNATIVES: Pursuant to Government Code Section 65865.1, “If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the local agency may terminate or modify the Agreement.” There is no evidence that this has occurred. CEQA REVIEW: The annual review of the Agreement is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility it could have a significant effect on the environment. ATTACHMENTS: 1. Draft Resolution 2. 2020 Annual Compliance Evaluation Page 2 of 5 Page 14 of 31  ATTACHMENT 1 RESOLUTION NO. 2021-001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, FINDING THAT THE DEVELOPER OF THE CALISTOGA HILLS PROJECT IS IN GOOD FAITH COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE PROJECT’S DEVELOPMENT AGREEMENT WHEREAS, on April 9, 2013, the City of Calistoga entered into a Development Agreement (Agreement) with Enchanted Resorts, Inc. (Developer) through its approval of Ordinance No. 687, with an effective date of March 29, 2013; and WHEREAS, the Agreement provided the Developer with certain assurances that they could proceed with a development project, now known as Calistoga Hills, on property located west of Foothill Boulevard; and WHEREAS, as required by Government Code Section 65865.1 and by the Agreement, the City shall annually determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement; and WHEREAS, at its meeting of January 5, 2021, the City Council considered the Annual Compliance Evaluation Form completed by the Developer that provides evidence of its good faith compliance with its obligations under the Agreement, and the facts as described in the staff report; and WHEREAS, the annual review of the Agreement is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility it could have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find that the Developer is in good faith substantial compliance with the terms and conditions of the Development Agreement between the City of Calistoga and Enchanted Resorts, Inc. for the Calistoga Hills project, and this review satisfies the annual review of development agreement as provided in Government Code §65865.1. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at its regular meeting held this 5th day of January 2021. I, Marni Rittburg, City Clerk of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 5th day of January 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, City Clerk Chris Canning, Mayor Page 3 of 5 Page 15 of 31  ANNUAL DEVELOPMENT AGREEMENT COMPLIANCE EVALUATION FORM Attachment 2 Annual Review Period: 2020 This Annual Compliance Evaluation Form is submitted to the City of Calistoga (“City”) by CHR, Inc. (“Developer”) pursuant to the requirements of California Government Code Section 65856.1 and Chapter 17.39 of the City Municipal Code regarding Developer's good faith compliance with its obligations under the Development Agreement between the City and Developer by Ordinance No. 687 (“Development Agreement”). Please attach description and/or documentation in support of any “Yes” answers A. Development activities during this annual review period: Yes: _X__ No: ___ B. Development impact fees, processing fees, architectural review fees and/or other fees paid during this annual review period: Yes: ___ No: _X__ C. On- and/or off-site infrastructure improvements completed or paid for during this annual review period: Yes: _X__ No: ___ D. Other Development Agreement obligations completed during this annual review period: Yes: ___ No: _X__ E. Transfers, assignments, or dedications from or by Developer during this annual review period: Yes: ___ No: _X__ F. Awareness of any facts or circumstances that may be construed as a default by Developer during this annual review period: Yes: ____ No: __X__ The undersigned representative of Developer confirms that Developer is: ___X___ In compliance with its obligations under the Development Agreement for this annual review period. ______ Not in compliance with its obligations under the Development Agreement for this annual review period, in response to which Developer is taking the actions set forth in the attachment hereto. IN WITNESS WHEREOF, Developer has executed this Annual Compliance Evaluation Form as of this _8th_ day of December 2020. By: Aaron Harkin____ Its: Project Manager___ Page 4 of 5 Page 16 of 31 Annual Compliance Evaluation Review Period: January 2020 to December 2020 Supplemental Responses Item A: Yes, the Following Development Activites are ongoing:  On-Site Infrastructure for the Roadway system continues; build out of Manzanita Road along the ridgeline now at substantial completion, with 95% complition of Madrone and Service Road now in place to create a full loop around property. Item C: Yes, In addition to continued roadway infrastructure for Ponderosa Road on site, the installation of parking water tank farm facility, integrated Emergiency Vehicle Access travelways, and general systems infrastructure is ongoing. Due to the Covid-19 pandemic and economic market conditions, development efforts where slowed during the 2020 calendar year. It’s anticipated once pandemic impacts are reduced and market impacts are eased, development activities will advance expeditiously. Photos of Roadworks in 2020 Page 5 of 5 Page 17 of 31 Page 18 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Michael Kirn, City Manager DATE: January 5, 2021 SUBJECT: COVID-19 update and provide direction to staff Approved by Michael Kirn, City Manager DESCRIPTION: COVID-19 update RECOMMENDATION: Receive report and provide direction to staff. DISCUSSION: Shelter at Home Order On December 17, 2020 at 11:59 PM Calistoga was placed under the State mandated Shelter at Home Order due to the Bay Area Region having ICU capacity of less than 15%. The Order is effective at least through January 8, 2021. Under State protocol, the Order cannot be lifted within in a Region until the 4-week look ahead for ICU capacity is greater than 15%. On December 30, 2020, the Bay Area Region ICU capacity was 10.4%. ICU capacity is a moving target, highly variable from one day to the next. Available staffing plays a significant factor in bed availability counts. The Order affects numerous businesses, most particularly the hospitality industry including resorts, hotels, spas, and dining establishments. Under the Order lodging industries can only accept guests that are defined as “essential workers” and restaurants can offer meals for take-out or delivery only. Other retail establishments must operate at restricted capacity levels. All business sectors are required to implement best practices established by the State and County for their individual businesses. The financial impacts associated with the Order are unknow at this time. Page 19 of 31 COVID-19 Testing The State has selected a new vendor to provide Covid-19 testing in Napa County and Calistoga. Beginning January 5, 2021, OptumServe will begin providing COVID-19 testing services in Calistoga as part of a new contract with the State of California. OptumServe has the ability to test children, as long as a parent or guardian are present. Residents seeking testing will need to create a new account at COVID-19 Test Registration (lhi.care) Testing at the Napa Valley Expo will take place between the hours of 7 a.m. and 7 p.m. on Thursdays, Fridays, and Saturdays, excluding holidays – appointments are required. Mobile testing days will now take place on Tuesdays and Wednesdays in Calistoga, excluding holidays – appointments are required. To access the testing calendar with days, hours, and locations, please click https://www.countyofnapa.org/test Page 2 of 2 Page 20 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Rachel Melick, Parks & Recreation Director DATE: January 5, 2021 SUBJECT: Update on Logvy Park Play Area Improvements Approved by Michael Kirn, City Manager DESCRIPTION: Update on Logvy Park Play Area Improvements RECOMMENDATION: Receive the update on theLogvy Park Play Area Improvements and provide direction to staff, as necessary. BACKGROUND: In 2018, the Adelante community-based interest group presented a concern to the City Council for more recreational opportunities at Logvy Community Park. Since then, city staff has worked with the Adelante group to identify where recreational opportunities could be created or improved and a conceptual improvement plan was developed. In the fall of 2019, BBQ’s and picnic tables were purchased by the City as the first of several phases of improvements to the area on the west side of the Park adjacent to the Napa River. Installation of these improvements was scheduled for early 2020 after the winter rains subsided. However, just prior to scheduled installation Calistoga was impacted by the Covid-19 pandemic and the State mandated Shelter-In-Place Order which included the closure of all picnic and tot-lot play areas for gatherings and events. Because of this Order the installation was postponed and continues to be pending. During the Covid-19 timeframe staff has pursued proposals for construction documents based on the approved conceptual site plan and has received three proposals. Staff will be making a recommendation to Council at a future meeting to complete design and construction documents for the project. Staff also discussed with Corporation for Better Housing (CBH) the installation of an access gate from the Yellow Apartment to the Page 21 of 31 proposed Play Area Improvements. CBH has indicated their support and has agreed to work with staff in making the access gate happen. Staff is processing a grant application under the Proposition 68 Per Capita Grant (also delayed at the State level due to Covid-19) with a potential allocation of $177,900 to the City. As estimated, the grant could cover about 35% of the overall construction improvement costs estimated to be $500,000. Staff will continue to meet with the Adelante Group to fine-tune the site improvement plans and coordinate the installation of the BBQ’s and picnic tables at the soonest appropriate time frame. FINANCIAL IMPACT: There is no fiscal impact associated with accepting the report. During Fiscal Year 2019-20 under Account 01-5569-4915, $8,300 was spent for the purchase of picnic tables and BBQ’s and they are available for installation by Public Works staff as conditions warrant. The estimated total cost to implement the Logvy Park Play Area improvements and Park perimeter pathway is $500,000. Staff anticipates including a funding recommendation for the Logvy Park Play Area Improvements in the FY 20/21 CIP Budget subject to grant approval. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: The anticipated project would eventually implement the following City Council Goals and Priority Projects identified for Fiscal Year 2020-21: Goal 4: Expand and improve recreational community facilities: Objectives 3 & 4, Support local efforts to improve Logvy Park and Identify additional areas for the development of recreational facilities, including picnic facilities. ATTACHMENTS: 1. Site Plan Page 2 of 3 Page 22 of 31  X X NOTES EXISTING MULTI-USE FIELD X 1 Main multi-use pathway X 12 X X X X X X X 3 X X X X X 2 Bike rack 1 X X 3 Proposed fence to separate multi-use 2 field from picnic/bocce/play area 17 4 Group picnic area with BBQ grills X BOCCE COURT X 5 Biofiltration, water efficient landscape 9 area X 8 10 5 6 Biofiltration and water efficient X landscape plantings to screen adjacent residential area X ADA BOCCE COURT 11 1 6 7 Children's play area with permeable X fibar surfacing X 8 Small group picnic area X 15 X RESIDENTIAL 9 Bocce storage shed 13 4 X 16 10 Decomposed granite paving 5 X X 11 Park bench 14 X 7 12 Existing trees and shrubs X TO X 13 13 Existing fence P O FB AN X 14 ADA ramp K X X 15 Specimen tree 5 N 12 X 16 Accent tree A X P X 17 Shade tree A 5 X R X I V X X E X R X Page 3 of 3 0 20' 40' GRAPHIC SCALE IN FEET SCALE: 1" = 20' P I C N I C, B O C C E A N D P L A Y A R E A C O N C E P T PLAN CITY OF CALISTOGA LOGVY PARK A U G U S T 2 8, 2 0 1 9 C A L I S T O G A, C A L I F O R N I A 9 4 5 1 5 THIS PLAN IS PRELIMINARY AND NOT INTENDED FOR CONSTRUCTION. GSM LANDSCAPE ARCHITECTS, INC. WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY GSM LANDSCAPE ARCHITECTS, INC. THIS DOCUMENT AND THE IDEAS INCORPORATED HEREIN AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF GSM LANDSCAPE ARCHITECTS, INC. AND IS NOT TO BE USED IN WHOLE OR IN PART FOR ANY OTHER PROJECT, WITHOUT THE WRITTEN AUTHORIZATION OF GSM LANDSCAPE ARCHITECTS, INC. c COPYRIGHT 2019. ALL RIGHTS RESERVED. Page 23 of 31 Page 24 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Derek Rayner, Public Works Director/City Engineer DATE: January 5, 2021 SUBJECT: Determination that Measure T Maintenance of Effort was met for Fiscal Year 2019/20 Approved by Michael Kirn, City Manager DESCRIPTION: Determination that Measure T Maintenance of Effort was met for Fiscal Year 2019/20 RECOMMENDATION: After a Public Meeting consider a Resolution approving the Maintenance of Effort was met under Measure T Program for Fiscal year 2019/20. SUMMARY: Consideration of a Resolution Pursuant to the Measure T Program Approving Maintenance of Effort was met for Fiscal Year 2019/20. BACKGROUND: During the November 6, 2012 General Election, the voters of Napa County approved a ½-cent sales tax increase known as Measure T (the Measure), the Napa Countywide Road Maintenance Act of 2012. The Measure became effective July 1, 2018 and is administered by the Napa Valley Transportation Authority – Taxing Authority (“NVTA- TA”). Tax proceeds are allocated among all local agencies within the County under a formula-based approach. As approved by the voters the Measure revenue is for maintenance and reconstruction of streets, roads, transportation infrastructure within the public right-of-way, and associated administration and design costs, including but not limited to: sidewalks, curb and gutters, traffic signals, curb ramps, stormwater operations, lighting, traffic signage, striping, and local roadway drainage. Page 25 of 31 The Measure is intended to compliment, not replace the City’s average level of effort (otherwise known as Maintenance of Effort) expended in Fiscal Years 2007/08, 2008/09 and 2009/10 for transportation infrastructure maintenance. The Measure T revenue for FY18/19 was $529,144 and for FY19/20 was $501,380.67, and about 6% less than FY18/19 due to COVID 19. Revenues will continue to be impacted by reduced sales tax the future five-year projections are: $455,572, $491,434, $506,192, $518,851, $529,220. DISCUSSION: Per the Measure, the City is required to do the following: • Report the Maintenance of Effort (MOE) was spent in the previous fiscal year to the NVTA-TA for the duration of the Measure. Maintenance of Effort: The City Council approved the annual MOE amount in the amount of $287,001 by the Resolution No.2018-014. The City has met its obligation in fiscal year 2019/20 in spending the annual MOE amount. FINANCIAL IMPACT: There is no immediate financial impact as the MOE obligation of $287,001 was already a part of the Public Works Streets Program budgeted for FY19/20 which totaled $427,377. The MOE obligation are discretionary funds including General Fund, impact fees and developer contributions used to support local transportation capital and maintenance programs. The City will need to budget $287,001 annually in discretionary funds to meet our ongoing MOE obligation. CEQA REVIEW: The recommended actions described in this report are not in-and-of-themselves a “project” pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378) since they do not result in a physical change in the environment. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: The project conforms to Council Goal 3: Establish, improve and maintain City infrastructure; Objectives 3 and 4 – ‘Provide for long term maintenance and repair of City sidewalks’ and ‘Support efforts to fund bridge and street maintenance and repair.’ ATTACHMENTS: 1. Resolution – Maintenance of Effort for Fiscal Year 2019/20 Page 2 of 4 Page 26 of 31  ATTACHMENT 1 RESOLUTION 2021-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING THAT MAINTENANCE OF EFFORT WAS MET FOR FISCAL YEAR 2019/20 UNDER THE MEASURE T PROGRAM WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and WHEREAS, the City of Calistoga has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures; and WHEREAS, the City Council on February 20, 2018, approved the annual Maintenance of Effort in the amount of $287,001; and WHEREAS, the “Maintenance of Effort” of the City of Calistoga must be maintained annually throughout the term of the Measure from the General Fund and other discretionary funds of the City of Calistoga; and WHEREAS, by January 1st each calendar year, the City of Calistoga must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the City of Calistoga, demonstrating that the Maintenance of Effort was met the prior fiscal year; and WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq). Page 3 of 4 Page 27 of 31  NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find that the Maintenance of Effort was met for Fiscal Year 2019/20 and authorizes the Public Works Director to report the amount to NVTA-TA. BE IT FURTHER RESOLVED that the City Council of the City of Calistoga, State of California, does hereby approve that the Maintenance of Effort in the amount of $287,001 was already a part of the Public Works Streets Program budgeted for FY19/20, that used General Fund and other discretionary monies to support local streets and roads maintenance program PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at its regular meeting held this 5th day of January 2021. I, Marni Rittburg, City Clerk of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 5th day of January 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: _______________________________ __________________________ Marni Rittburg, City Clerk Chris Canning, Mayor Page 4 of 4 Page 28 of 31  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Marni Rittburg, City Clerk DATE: January 5, 2021 SUBJECT: Consideration of a Resolution confirming Councilmember appointments to various committees Approved by Michael Kirn, City Manager DESCRIPTION: Consideration a Resolution confirming Mayor’s recommendations for Councilmember appointments to various committees. RECOMMENDATION: Discuss, confirm appointments, and adopt Resolution. SUMMARY: Pursuant to Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees. Annually, the Mayor and City Council members discuss appointments to regional boards and/or commissions. Due to the election of Councilmember Gift, there are several vacancies previously held by Vice Mayor Dunsford. The by-laws for the Association of Bay Area Governments (ABAG) specify that the Mayor be the representative and the Vice Mayor the Alternate. The Napa Valley Transportation Authority (NVTA) and Local Agency Formation Committee (LAFCO) by- laws specify that the Mayor be the representative and Alternates as appointed. The attached draft Resolution is recommended for adoption once the appointments have been confirmed by the Council. Current Representatives, Alternates and Vacancies and been incorporated in the into the draft Resolution for reference and discussion purposes. FINANCIAL IMPACT: None Page 29 of 31 CEQA REVIEW: None required ATTACHMENTS: 1. Draft Resolution with current Representatives, Alternates and Vacancies Page 2 of 3 Page 30 of 31  ATTACHMENT 1 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, CONFIRMING THE MAYOR AND ELECTED OFFICIALS’ APPOINTMENTS TO VARIOUS BOARDS & COMMISSIONS WHEREAS, California Government Code Section 40605 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and WHEREAS, at the January 5, 2021 Calistoga City Council meeting, Council discussion was held for consideration of the Mayor’s recommendation for appointment to various boards and commissions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY confirms the Mayor’s appointment to the following boards & commissions: Regional Board/Committee Representative Alternate(s) Association of Bay Area Governments* Canning Lopez Ortega Napa Valley Transportation Authority** Canning Need a 1st and 2nd Local Area Formation Commission** Canning Kraus Napa County Flood Control/Water Conservation District Vacant Canning Community Enrichment Grant Sub-Committee Kraus Lopez Ortega Napa County Climate Action Committee Canning Kraus Napa County Youth Opportunity Commission Williams Celaya Upper Valley Waste Management Agency Canning Kraus Watershed Information Center & Conservancy Williams Lopez Ortega Calistoga Tourism Improvement District Vacant Vacant Napa County City Selection Committee Vacant Vacant * Indicates Mayor’s and Vice Mayor’s Participation are Required ** Indicates Mayor’s Participation is Required. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at its regular meeting held this 5th day of January 2021. I, Marni Rittburg, City Clerk of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 5th day of January 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, City Clerk Chris Canning, Mayor Page 3 of 3 Page 31 of 31